Memo

BILL NUMBER:S5839A REVISED 6/21/13

TITLE OF BILL: An act to amend the criminal procedure law, in relation to the treatment of certain juveniles for certain prostitution offenses

PURPOSE: This bill establishes special arrest procedures consistent with the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), and provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act for such child.

SUMMARY OF PROVISIONS:

Section 1 amends section 120.90 of the Criminal Procedure Law to establish arrest procedures in the case of a warrant of arrest when a 16- or 17-year old is taken into custody for an act which would constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of 'he Family Court Act in lieu of referral for prosecution.

Section 2 amends section 140.20 of the Criminal Procedure Law to establish arrest procedures in the case of an arrest without a warrant when a 16- or 17-year old is taken into custody for an act which would constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of the Family Court Act in lieu of referral for prosecution.

Section 3 amends section 170.10 of the Criminal Procedure Law to provide that in any proceeding based upon an arrest of a 16- or 17-year old for prostitution as defined in section 230.00 of the Penal Law, or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law, such youth shall be treated as a sexually exploited child pursuant to section 147-a of the Social Services Law. The section further provides that the court shall order specialized services set forth in section 447-a(2)-(5) for up to three months upon the consent of such youth. Nothing shall preclude the court from dismissing the case in the interest of justice pursuant to section 170.30(1) (g) of the Criminal Procedure Law.

Section 4 amends Section 170.30 of the Criminal Procedure Law to provide that after arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court shall dismiss such instrument on the grounds that a sexually exploited child accused of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law cooperated with services ordered by the court.

Section 5 amends subdivision 1 of section 720.10 of the Criminal Procedure Law, as amended by Chapter 411 of the Laws of 1979, to include in the definition of youth a person charged with loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law where such violation was alleged to have been committed when he or she was sixteen or seventeen years old.

Section 6 amends paragraph (b) of subdivision 1 of section 720.20 of the Criminal Procedure Law, as amended by Chapter 652 of the Laws of 1974, to provide that any conviction for prostitution or loitering for prostitution resulting in a prior youthful offender adjudication shall not preclude the youth's eligibility for youthful offender treatment pursuant to such subdivision 1. In addition, where a 16- or 17-year old youth is convicted of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of Prostitution as defined in section 240.37(2) of the Penal Law, the court must find such youth is a youthful offender.

Section 7 amends subdivision 3 of section 502 of the Executive Law, as amended by section 1 of subpart B of Part Q of Chapter 58 of the Laws of 2011, to include in the definition of detention a 16- or 17-year old alleged to have committed prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law.

Section 8 amends subdivision 2 of section 212 of the Judiciary Law to require the chief administrator of the courts to adopt rules establishing a training program in specialized areas involving sexually exploited youth and adolescent development.

Section 9 sets forth the effective date as the ninetieth day after it shall have become law.

JUSTIFICATION: Since 2007, New York State has taken significant measures to hold accountable sex and labor traffickers, sex tourism operators and others who organize, promote, advance, support and patronize the trafficking industry. The State has also taken important steps in recent years to acknowledge that many individuals facing prosecution for engaging in prostitution are, in fact, victims of human trafficking.

This legislation significantly improves the State's response to human trafficking by treating 16- and I7-year olds charged with prostitution as sexually exploited children. The Legislature, in enacting the Safe Harbor f Exploited Youth Act of 2008 ("Safe Harbor Act"), recognized that individuals under the age of eighteen who are arrested for prostitution or loitering for the purposes of prostitution are victims of the commercial sexual exploitation of children. Consistent, overall

implementation of this reform has been undermined, however, by inconsistent provisions, particularly in the Penal Law and Criminal Procedure Law that were not simultaneously amended to further this important legislative goal. In practice, 16- and 17-year-old victims continue to be treated as criminal defendants.

This legislation creates special arrest procedures consistent with the Safe Harbor Act (Criminal Procedure Law new § 120.90(9) and 140.20(8)). It also provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child pursuant to section 447-a of the Social Services Law and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act (Criminal Procedure Law new 170.10(10) and (11)). Opun completion of services the court will dismiss the charges (Criminal Procedure Law new §170.30(4)). If a youth is ultimately convicted of prostitution or loitering for the purposes of prostitution, the conviction will be replaced by a youthful offender adjudication, resulting in the sealing of the conviction (Criminal Procedure Law § 720.10 and new §720.20(1)(c)). Further, a sexually exploited child alleged to have committed prostitution or loitering for the purposes of prostitution may be held in a youth detention facility (Executive Law § 502(3)) for a period no longer than the period currently prescribed by the Penal :,yaw for such offenses. Additionally, this bill will require specialized training for judges who oversee the cases of 16- and 17- year old Prostituted youth (Judiciary Law new § 212(2)(s)).

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately, with provisions.

Text

STATE OF NEW YORK
________________________________________________________________________
5839--A
2013-2014 Regular Sessions
IN SENATE
June 17, 2013
___________

Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the criminal procedure law, in relation to the treatment
of certain juveniles for certain prostitution offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 170.80 to read as follows:
S 170.80 PROCEEDINGS REGARDING CERTAIN PROSTITUTION CHARGES; CERTAIN
TEENAGERS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS ARRESTED
FOR PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AND SUCH
OFFENSE ALLEGEDLY OCCURRED WHEN THE PERSON WAS SIXTEEN OR SEVENTEEN
YEARS OF AGE:
1. UNLESS, AFTER CONSULTATION WITH COUNSEL A KNOWING AND VOLUNTARY
PLEA OF GUILTY HAS BEEN ENTERED TO SUCH CHARGE, ANY JUDGE OR JUSTICE
HEARING ANY STAGE OF SUCH CASE MAY, UPON CONSENT OF THE DEFENDANT AFTER
CONSULTATION WITH COUNSEL, CONVERT SUCH CHARGE AND RETAIN IT AS A PERSON
IN NEED OF SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL HAVE THE
AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER ARTICLE SEVEN OF THE FAMI-
LY COURT ACT.
2. ANY ADVERSE FINDING AND ALL RECORDS OF THE INVESTIGATION AND
PROCEEDINGS RELATING TO SUCH CHARGE SHALL BE PROMPTLY EXPUNGED UPON THE
PERSON'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THE PROCEEDINGS ON THE
CHARGE BEFORE THE COURT, WHICHEVER OCCURS LATER. IN THE EVENT OF A
CONVICTION OR PLEA OF GUILTY TO SUCH CHARGE OR CHARGES OF PROSTITUTION
OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DESCRIBED IN THE OPEN-
ING PARAGRAPH AND SUBDIVISION ONE OF THIS SECTION, THE COURT MUST FIND
THAT THE PERSON IS A YOUTHFUL OFFENDER AND PROCEED IN ACCORDANCE WITH

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11570-08-3

S. 5839--A 2

ARTICLE SEVEN HUNDRED TWENTY OF THIS CHAPTER, PROVIDED, HOWEVER, THAT
WHERE THE CONVICTION FOR WHICH THE YOUTHFUL OFFENDER FINDING IS SUBSTI-
TUTED IS LOITERING FOR THE PURPOSES OF PROSTITUTION AS DEFINED IN
SECTION 240.37 OF THE PENAL LAW, THE AVAILABLE SENTENCE SHALL BE THE
SENTENCE THAT MAY BE IMPOSED FOR A VIOLATION AS DEFINED IN THE PENAL
LAW.
S 2. This act shall take effect immediately and shall apply to such
offenses alleged to have been committed on or after such effective date,
as well as to charges for such offenses pending on such effective date
for which sentence had not yet been imposed.

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